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september 1961

Supreme Court of India · 1961-09-18

SUNKAVILLI SURANNA AND OTHERS vs GOLI SATHIRAJU AND OTHERS

Citation / case number
SC 1958/168
Court
Supreme Court of India
Petitioner
SUNKAVILLI SURANNA AND OTHERS
Respondent
GOLI SATHIRAJU AND OTHERS
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under the Madras Estates Land Act, 1908, when a ryot's holding is not shown to have commenced after the permanent settlement, the presumption is that the zamindar holds only the melvaram, while the kudivaram belongs to the ryot. The Court found that Thammiah, who died in 1885, had occupancy rights in the lands, which devolved upon his successors, and these rights were not acquired under the Act. The appeal was allowed, affirming the occupancy rights of Thammiah's descendants.

SUNKAVILLI SURANNA AND OTHERS vs GOLI SATHIRAJU AND OTHERS · Niyam